Hyundai i10 - Incorrect HPI from Autotrader - James Maddin
Hi sorry if I'm going over old information but I need a bit of advice.
We bought an i10 second hand in September 2015. The car was advertised by a dealer through Autotrader, so to be safe we did an hpi check with Autotrader, which came back as all clear (we still have a copy).
The car has hardly been used so we decided to sell it on Autotrader and imagine our surprise when the advert labelled the car as 'Cat D'. After a little investigation it appears that this has been the case since November 2008.
We would never have bought a Cat D car and to be honestly feel let down by Autotrader, every site I search seems to say you should always do an hpi check before buying but what's the point if it can't be trusted.
Does anyone have any advice regarding whether or not we could make some sort of claim against Autotrader for providing misleading information?
Any help greatly appreciated.
Jim
Hyundai i10 - Incorrect HPI from Autotrader - SLO76
The HPI guarantee will apply as long as you included the reg number and vin number when you carried out the check, if not then you've no comeback with them I'm afraid. hpicheck.com/support/faqs/guarantee

You may have a claim against the dealer though if you still have the invoice. A copy of the advert would be handy too but I accept this is unlikely. Always make a copy of the original advert when buying a car from any dealer, it can help in cases like this.
Hyundai i10 - Incorrect HPI from Autotrader - oldroverboy.

The dealer must inform you if i a category of write off!

Get trading standards involved.

Hyundai i10 - Incorrect HPI from Autotrader - SLO76

The dealer must inform you if i a category of write off!

Get trading standards involved.

Problem after all this time is proving that they didn't. If the OP has the order form and it doesn't state that it was a write off then there's a case but no order form means it's their word against the dealer. It's always wise to keep the sellers original advert too in cases where the car was misdescribed. I know of a dealer in Glasgow (probably plenty of them at it to be honest) who regularly sells write off stock he's bought and repaired on the cheap. He doesn't inform the buyer and adds it to the order form in small print so unless they take the time to read it carefully (who does?) then they have no case against them as they've signed an order form stating it was a write off. This is another example of why it's wise to take someone who knows what they're doing with you even if this means bribing your mechanic. I'm often called to look at motors for people and you'd be amazed at the faults I find at dealers particularly Joe Blogs backstreet outlets.
Hyundai i10 - Incorrect HPI from Autotrader - Avant

In a case like that, SLO, I think the customer would have a good case against the dealer if his attention wasn't drawn to this crucial element (crucial because it affects resale value, even if the car is properly repaired).

There are established 'contra proferentem' precedents in contract law where a customer could reasonably not be expected to have seen a condition or other important element, and has won the case against a dealer or service provider.

Edited by Avant on 06/03/2017 at 00:21

Hyundai i10 - Incorrect HPI from Autotrader - RaineMan

Just a note in today's interweb days. If you copy an advert on the web make sure you take a copy and not just a link to the page as the page will disappear sometime after sale...

Hyundai i10 - Incorrect HPI from Autotrader - SLO76
I remember one relevant case I was involved in back in the late 90's. It was in regard to a Mazda 626 I had sold a few years earlier and it had flagged up a mileage discrepancy when the owner tried to trade it in somewhere else. The customer then involved trading standards who took us to court.

Now when I had taken the car into stock we knew it had clearly either had a speedo change or had been tampered with so I was very clear when putting it on the forecourt, mileage incorrect sticker on dash and I even parked it next to an identical 626 of the same age that was showing 20k more but was priced at £600 more to further stress the mileage was incorrect. It was showing 50k but I believed it had done closer to 100k. Normally it would've been auctioned but the buyer had overpaid for it and it was in very good condition and running order so we had confidence enough to sell it.

When the customer who bought it signed up the mileage discrepancy was made clear to him and it was noted on the order form he signed yet a couple of years later he tried to claim otherwise. We presented the signed order form to the judge and the case was thrown out with a stern repremand aimed at the TSO's who'd brought the case and wasted tax payers money.

My point here isn't to claim to OP is in any way trying it on but to show that what is on that document is vital and if they have no copy of it a dishonest garage can alter their copy to suit their ends quite easily. In our case we had been totally upfront and honest and did the same with any older but safe trade in vehicles that showed up as a write off but had passed a workshop checkup.

This thread is a good reminder for buyers to read what they're signing, take a copy and keep it safe, keep a copy of the origional advert if possible and above all take someone who knows what they're doing with you when viewing. I've stopped countless people from buying cars with major faults over the years, I'd say that around 50% of the sub £5k vehicles I've been asked to look at have major faults.

Edited by SLO76 on 06/03/2017 at 09:21

 

Ask Honest John

Value my car